1. About these terms

"We" or "our" refers to Marie Stopes International Pty Ltd ABN 63 093 595 192 of 330 Little Collins Street, Melbourne, Victoria, 3000, Australia.

"You" refers to each customer of ‘sextxt'™ SMS Service, which is described further below ("Service").

These terms set out our obligations to you, and your obligations to us, in relation to the supply of the Service. Please read them carefully. Each time you send an SMS message requesting the Service, you will be deemed to have accepted these terms. You should only use the Service if you agree to these terms.

IMPORTANT: Some of these terms apply differently, depending on which mobile phone company provides you with your mobile service. Please read these terms carefully to understand which terms are applicable to you.

2. Service Description

The Service allows you to obtain a range of basic sexual and reproductive health information via SMS. You can request any of the available content by sending an appropriately formatted SMS (see Requesting the Service below). A complete list of the content available through the Service can be found at Sexual Health Information . The content available through the Service may change from time to time and we recommend that you check this website regularly.

Requesting the Service

You can request the Service by sending an SMS message containing specified information ("Service Request") to 19 739 898.

You must be the owner of the mobile handset/account from which the Service Request is sent or have the consent of the owner to send the request. If you are under 16 years of age you must ask the handset/account owner before using the Service.

In each Service Request, it is important that you provide us with the information we need, in the appropriate format, so that we can process your request. Service Requests that do not comply with these requirements will not be successful but you will still be charged for the request. We therefore ask that you read the sextxt™ SMS FAQ documents and instructions for use carefully which can be found at sextxt™ Frequently Asked Questions

Service delivery

If we receive a valid Service Request from you, we will search our databases for information which matches the search criteria listed in the Service Request.

If no results are found in response to your Service Request, you will be sent an SMS message stating this, as well as a help message to assist you in formulating future queries. You are still charged for the Service if this happens.

In all cases, the SMS messages will be sent to the mobile number from which the initiating Service Request was received.

3. Service Availability

Except as stated in these terms, the Service is available to all mobile customers located within Australia in the network range serviced by their contracted service provider, provided we have an agreement (directly or indirectly) with your carrier to allow us to include charges for the Service on your mobile bill. At present, the carriers we have billing arrangements with are Telstra, Optus, Vodafone, Virgin, 3 and Hutchison ("Eligible Carriers").

To use the Service, you must also have a mobile handset or other wireless device which is capable of sending and receiving premium SMS text messages. Any queries about access to premium SMS services should be directed to your carrier.

We will use reasonable efforts to make sure that the Service is available seven days a week, 24 hours per day. However, despite our efforts, you may experience interruptions, delays, errors or faults in your use of and access to the Service, due to various factors such as technical difficulties, your phone not working properly, or your phone being switched off, out of range, out of message storage space, or barred from receiving SMS. We will not be responsible to you or anyone else if any of these things occur. However, you must still pay for each Service Request sent from your phone, even if we do not receive it or if you do not receive our reply.

4. Prohibited use of the Service

The only information which can be accessed via the Service is publicly available information which is the property of, or licensed by Marie Stopes International.

You must not:

• use the Service or the information disclosed to you via the Service to defame, harass, stalk, threaten, menace or offend any person, or to engage in any illegal, offensive or anti-social activity;
• knowingly transmit via the Service (including via a Service Request) any virus, worm, trojan or other disabling feature;
• use the Service or the information or content disclosed to you via the Service for commercial purposes or to send commercial, unsolicited or bulk electronic messages to anyone or in any other way which would constitute an infringement of the Spam Act 2003 (Cth);
• resell or purport to resell the Service or any of information or content disclosed to you via the Service; or
• attempt to do, or permit another person to do, any of the above acts.

You indemnify us and will hold us harmless against any loss, damage, claim, cost or expense suffered or incurred by us as a result of or in connection with you making any prohibited use of the Service as set out in this section.

5. Charges and Payment

We will charge you A$0.55 ("Charge") per message sent for SMS messaging. This charge includes GST and the SMS carriage charges for sending us a Service Request.

The Charge will appear on your mobile phone bill received from your mobile carrier. You must pay the Charge to your mobile carrier by the payment deadline specified in the bill.

We will charge you the Charge each time you make a Service Request, even if:

• we cannot find information which corresponds to your search criteria;
• the Service Request is invalid;
• you cancel the Service Request before it has been processed; or
• you do not receive any SMS response messages from us because of a fault or problem outside our reasonable control, such as a problem with your handset or your carrier's network.

You must pay the Charge regardless of which mobile carrier provides you with your mobile service.

Your mobile carrier may also charge you additional amounts (based on its standard SMS carriage rates) for other SMS messages you send in connection with the Service.

6. Goods and Services Tax ("GST")

If a supply made to you by us under these terms is subject to GST and the price for that supply is not expressed to be GST inclusive, you must pay an additional amount equal to the amount of the consideration for the supply multiplied by the applicable GST rate.

7. Customer Support

If you experience a problem with the Service, you should call our National Support Centre on 1300 739 898 (mobile calls will be charged at applicable mobile rates) for more information. Alternatively you can email the Service customer support at This e-mail address is being protected from spambots. You need JavaScript enabled to view it . If the problem relates to your mobile service rather than to the Service, we may refer you to your mobile carrier.

If you wish to make a complaint in respect of the Service, please contact our National Support Centre. All complaints relating to the Service will be governed by our Complaints Policy. Under the terms of this policy, we will attempt to resolve all complaints within 48 hours of the complaint being received. In the event, the complaint is not resolved within this timeframe you will be advised and we will do all things necessary to resolve the complaint in a timely manner.

8. Disclaimers

Although we will use due care and skill in providing the Services, we cannot provide you with any warranty that the Service will be continuous or fault-free. We guarantee only that the information disclosed to you via the Service will match the information we hold in our databases. However, because much of this information comes to us from third parties, neither we nor our employees, agents or contractors provide any representations or warranties that the information provided to you will be accurate, complete or up to date.

All information provided by us in connection with your Service Request will be of a basic and general nature only. It will not take into account your particular circumstances. You agree that you will make your own independent assessment in respect of the information provided by us. You should seek specific advice in relation to your particular circumstances. We suggest you obtain such specific advice from a relevant health professional or accredited organisation.

We will endeavour to ensure that all SMS responses to your Service Requests leave our SMS gateway (except where your access to the Service has been suspended or terminated), but we cannot guarantee that all SMS messages will be successfully received by you as this depends on your carrier's network.

9. Our liability to you

The terms and conditions that apply to the supply of the Service are those that are expressly set out in these terms and those implied by consumer protection laws to the supply of the Service that are unable to be excluded. No other terms apply.

To the extent permitted by law, our liability for any non-excludable warranty or condition is limited, where applicable (at our option), to:

• resupplying, or the cost of resupplying, services; or
• replacing or repairing, or the cost of replacing or repairing, goods,

where it is fair and reasonable to do so.

To the extent permitted by law, we will not be liable to you or to any other person for:

• any loss to the extent that it is caused by you, for example, through your negligence or breach of these terms and conditions;
• any loss caused by our failure to comply with our obligations in relation to the Service where that failure is caused by events outside our reasonable control (for example, faults in your carrier's network);
• any indirect or consequential loss (including any loss of profits or loss of opportunity); and

Subject to the conditions proposed above and those consumer rights which cannot be excluded, our entire liability to you for any breach of these terms or negligence is limited to the cost of re-supplying the service.

10. Your liability to us

To minimise the costs associated with operating the Service, we need you to take some responsibility for your use of the Service.

You will therefore be liable to us if you or someone using your mobile handset/account breaches the terms applying to the Service or acts negligently, fraudulently or otherwise unlawfully. However, you will not be liable for any loss we suffer to the extent that the loss is caused by us, for example, through our negligence or breach of these terms and conditions.

11. Suspension and termination

We may suspend, terminate or limit your access to the Service at any time if we reasonably consider you are in material breach of these terms:

We may suspend, terminate or limit your access to the Service with as much notice as we reasonably can, if:

• we reasonably believe that there is a real risk of loss or damage to us or another if we do not suspend, terminate or limit your access to the Service;
• the law requires us to do so;
• necessary for maintenance or repair of relevant equipment or systems;
• we have evidence or reasonable grounds for suspecting fraud or other illegal conduct in relation to the Service by you.

12. Intellectual Property

All intellectual property relating to the Service, including the directory information which is accessible via the Service and any trade marks used in connection with the Service, is owned by us, our related companies or our licensors.

For this reason, you must not use the Service or any information or other content which is accessible via the Service in any way that is not expressly authorised by these terms.

Importantly, you must not use or apply any of our trade marks without our consent. Our trade marks include our name, our logos, our slogans and the name of the Service.

13. How we change these terms

We may change these terms (including by changing the Charges or requiring you to register for the Service) at any time. If we do so, we will post the revised terms on our website at www.sextxt.org.au. You should ensure you review our website regularly so that you are aware of any variations to these terms notified by us. If the variation is detrimental to you, we will use reasonable endeavours to give prior notice by SMS to customers who have used the Service within six months before the change, in accordance with applicable laws, regulations, codes and guidelines. The terms as changed will apply to any subsequent Service Requests we receive from you, but not to Service Requests we have already received from you.

14. General

Upon receiving a written request from you, we will provide you with a copy of these terms and conditions free of charge.

We may assign or otherwise transfer our rights under these terms (including operational management of the Service) to any person without the need for consent. We may also subcontract our obligations under these terms.

If any of these terms are invalid, unenforceable or illegal in a particular jurisdiction, that term will be struck out for that jurisdiction only and the remaining terms will remain in full force.

If we do not act in relation to a particular breach by you of these terms, this will not be treated as a waiver by us of our right to act with respect to subsequent or similar breaches.

These terms are governed by the laws of the Australian State or Territory in which you ordinarily reside. You submit to the exclusive jurisdiction of the courts of that place.

™ Trademark pending of Marie Stopes International Pty Ltd. (ABN 63 093 595 192).